PRR 1-03 "In the Park after Dark"

Text of the Statute

§ 1-03. General Provisions. (a) Hours of operation. (1) Persons may enter and use the parks from 6:00 a.m. until 1:00 a.m. unless other open hours are posted at any park. (2) Whenever a threat to public health or safety exists in any park resulting from any natural cause, explosion, accident or any other cause, or by riot or unlawful assembly or activity, the Commissioner may close the park or any part thereof to the public for such duration as he deems necessary to ensure the safety and well-being of the public. (3) No person shall enter or remain in any park without the permission of the Commissioner when such park is closed to the public. (b) Permits. (1) When any provision of these Rules requires a permit as a condition to the performance of an act or activity, no such act or activity shall be implemented or commenced prior to the receipt of written authorization from the Commissioner or from his authorized representative. (2) A permit may be granted upon such terms and conditions as the Commissioner shall reasonably impose, and shall authorize the permitted acts or activities only insofar as they are performed in strict accordance with the terms and conditions thereof. (3) Permits shall be applied for on forms prepared and provided by the Department, which forms shall require such information as the Department may deem appropriate for the review and evaluation of the permit application. Procedures for issuance of special event and demonstration permits are governed by § 2-08 of the Department's rules. The Commissioner may require a fee for the issuance of a permit. (4) The Commissioner may require the permittee to post a bond in an amount sufficient to ensure full compliance with the terms and conditions of the permit. The decision of whether to require a bond will be based on the following factors: (a) The location of the event and such location's vulnerability to damage; (b) Whether the event or any activities associated with the event present a high risk of property damage; (c) The number of people expected to be in attendance; (d) The type of equipment to be brought onto the site; (e) The number of days the permittee will occupy the site; (f) The season in which the event will take place. (5) The Commissioner may require the permittee to obtain personal liability insurance for the event, naming the Department and the City of New York as additional insureds. The decision on whether to require insurance will be based on the following factors: (a) Whether the special event or any activities included as part of the special event present a risk of personal injury or property damage. (b) Whether the special event involves the sale of food. (c) Whether the special event involves over 2,000 participants, or a large number of participants relative to the size of the site. (d) Whether the special event involves transportation and installation of heavy equipment, or the installation of a stage or other temporary structure. (6) No person shall conduct any activity for which a permit is required unless (a) such permit has been issued; (b) all terms and conditions of such permit have been or are being complied with; and (c) the permit is kept on hand at the event, so as to be available for inspection by Police or Department employees. (7) Failure to comply with the terms and conditions of any permit shall be a violation of these rules. If, upon expiration or termination of the permit, it is determined that a permittee has not complied with the terms and conditions of the permit, or has violated any law, ordinance, statute or rule, then the following rules shall apply: (i) any bond provided as security for a permittee's performance with the Department shall be forfeited and retained by the City to the extent necessary to remedy, or compensate the City for, the damages caused by such acts, omissions, or violations; (ii) the permittee, together with his or her agents and employees who violated such terms and conditions or provisions of law, ordinance, statute or rule, shall be jointly and severally liable for any additional sum necessary to correct or compensate the City for such damages; and (iii) neither forfeiture of any security nor payment nor recovery for such damages shall in any way relieve the permittee of civil or criminal liability arising from the violation of any law, ordinance or rule. (c) Failure to Comply with Directions of Police Officers, Urban Park Rangers, Parks Enforcement Patrol Officers, or Other Department Employees, or Park Signs. (1) No person shall fail, neglect or refuse to comply with the lawful direction or command of any Police Officer, Urban Park Ranger, Parks Enforcement Patrol Officer or other Department employee, indicated verbally, by gesture or otherwise. (2) No person shall fail to comply with or obey any instruction, direction, regulation, warning, or prohibition, written or printed, displayed or appearing on any park sign, except such sign may be disregarded upon order by a Police Officer or designated Department employee.

§ 1-07. Penalties. (a) Any violation of these Rules other than Rule 1-04(b)(1)(a) shall constitute a misdemeanor triable by the Criminal Court of the City of New York and punishable by not more than ninety days imprisonment or by a fine of not more than $1,000, or by both, in accordance with § 533(a)(9) of Chapter 21 of the New York City Charter.

Discussion

Once again, this offense of being in a park after hours is actually a crime. Therefore, a person who is convicted of this offense would have a criminal record.

Similar to the two versions urinating in public summonses, the offense of being in a park after dark can be charged in two ways. First, there is the section regarding the hours of operation of the Park, and second, there is the section regarding the failure to obey signs that have the hours of operation posted.

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